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Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 21 Oct 2016

The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population. Held: In a reclaiming motion, it is normal for the court to proceed on the basis of … Continue reading The Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 21 Oct 2016

Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014

(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ Citations: [2014] ScotCS CSIH – 38 Links: Bailii Statutes: Alcohol (Minimum Pricing) (Scotland) Act 2012 Jurisdiction: Scotland Citing: See Also – The Scotch Whisky Association … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014

Scotch Whisky Association and Others for Judicial Review: SCS 11 Jul 2014

Extra Division, Inner House – Further application for leave to intervene. Judges: Lord Eassie, Lord Menzies, Lord Brodie Citations: [2014] ScotCS CSIH – 64 Links: Bailii Jurisdiction: Scotland Citing: See Also – The Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012 Outer House – application by Alcohol Focus Scotland for permission to intervene … Continue reading Scotch Whisky Association and Others for Judicial Review: SCS 11 Jul 2014

The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum price at 50 pence per unit of alcohol. Held: The claim was rejected Judges: Lord Doherty … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine industry and trade respectively (‘the petitioners’). The petitioners’ application is for judicial review of the Alcohol … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Commission v Italy (Free Movement Of Goods): ECJ 10 Feb 2009

ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State Road safety Market access Obstacle Proportionality. Citations: C-110/05, [2009] EUECJ C-110/05, [2009] 2 CMLR … Continue reading Commission v Italy (Free Movement Of Goods): ECJ 10 Feb 2009

Comite Interprofessionnel Du Vin De Champagne v Aldi: ECJ 20 Dec 2017

Agriculture and Fisheries – Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Protection of protected designations of origin (PDOs) – Regulation (EC) No 1234/2007 – Article 118m(2)(a)(ii), (b) and (c) – Regulation (EU) No 1308/2013 – Article 103(2)(a)(ii), (b) and (c) – Scope – Exploitation of the reputation … Continue reading Comite Interprofessionnel Du Vin De Champagne v Aldi: ECJ 20 Dec 2017

Verband Sozialer Wettbewerb eV v Tofutown.Com: ECJ 14 Jun 2017

(Agriculture and Fisheries : Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Article 78 and Annex VII, Part III – Decision 2010/791/EU – Definitions, designations and sales descriptions – ‘Milk’ and ‘milk products’ – Designations used for the promotion and marketing of … Continue reading Verband Sozialer Wettbewerb eV v Tofutown.Com: ECJ 14 Jun 2017

Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification … Continue reading Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015